Research On The Identification Of Illegal Comparative Advertising

Comparative advertising,as a special form of commercial advertising,is widely used in commercial competition with the continuous development of the market economy.Due to the unique attribute of "comparative propaganda",comparative advertising can co-exist,which can not only strengthen industry competition and promote social and economic development,but also constitute unfair competition,harm the interests of consumers and the compared,and cause market order damage.At present,there are more and more disputes about comparative advertising,but China’s attitude towards comparative advertising is ambiguous,and the legislation on comparative advertising is relatively lacking.How to regulate and guide comparative advertising has become a realistic and urgent issue.The author believes that the regulation and guidance of comparative advertising should focus on the illegal identification of comparative advertising,and set up a "fire line" to warn and remind advertisers to make reasonable use of comparative advertising.This article is mainly divided into four parts:The first part is to define the general advertising from the three aspects of the definition,characteristics and classification of comparative advertising.The second part is guided by a typical illegal comparative advertising case.It points out two common types of illegal comparative advertising:false comparative advertising and commercial stigmatized comparative advertising,and analyzes its constituent elements and illegal identification standards.The third part points out the problems in the identification of illegal comparative advertising in China:the legislative attitude and definition are vague,the legal terms are simple,scattered,and the rank is low,and the illegal comparative advertising identification system is not sound.In the fourth part,the author proposes to draw on relevant foreign legislation to clarify the legal concepts and legislative attitudes of comparative advertising;establish a comparative advertising legislative system with the Advertising Law and the Anti-Unfair Competition Law as the core;and establish a comprehensive illegal comparative advertising identification system That is,clear the identification standards of illegal comparative advertising,improve the liability system for illegal comparative advertising infringement,and improve the corresponding supervision mechanism.